Opinion · District Court, S.D. New York

In re Collin

18 F. Supp. 848

Type
Opinion
Court
District Court, S.D. New York
Jurisdiction
New York
Date
1937-03-20
Topic
general

COXE, District Judge. It is entirely clear from the record in this case that the claimant was a “traveling or city salesman” within the language of Bankr.Act, § 64b (5), as amended, 11 U.S.C.A. § 104 ,(b) (5). In re Dexter (C.C.A.) 158 F. 788; In re National Marble & Granite Co. (D.C.) 206 F. 185. And the mere fact that he did not devote his entire time to the bankrupt does not destroy his right to priority.

Citator

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Cited by
5 opinions
COXE, District Judge.

It is entirely clear from the record in this case that the claimant was a “traveling or city salesman” within the language of Bankr.Act, § 64b (5), as amended, 11 U.S.C.A. § 104 ,(b) (5). In re Dexter (C.C.A.) 158 F. 788; In re National Marble & Granite Co. (D.C.) 206 F. 185. And the mere fact that he did not devote his entire time to the bankrupt does not destroy his right to priority. In re Shapiro (D.C.) 300 F. 566. Neither was he a separate “contractor” as that term is generally understood. In re Rose, 1 A.B.R. 68; Matter of Moore, 45 A.B.R. 388.

The petition to review is sustained, and the claim granted priority.